TIC 2017-07-25 Item 2E - Agreement - 42nd Avenue South Phase III with Seattle City Light

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omission or willful misconduct of City Light, its employees, contractors or subcontractors in its performance under this Agreement. During the performance of such activities, City Light's employees or contractors shall at all times remain employees or contractors, respectively, of City Light. 8.3 Title 51 RCW. Solely with respect to claims for indemnification arising out of City Light's Underground Relocation and Installation Project and City Light's Aerial Infrastructure Removal Project, Tukwila and City Light waive, as to each other only, and expressly not for the benefit of their employees or third parties, their immunity under Title 51 RCW, the Industrial Insurance Act, and acknowledges that this waiver has been mutually negotiated by the Parties. Tukwila and City Light agree that their respective indemnity obligations extend to any claim, demand, or cause of action brought by, or on behalf of, any of their respective employees or agents. 8.4 No liability shall attach to either party by reason of entering into this Agreement except as expressly provided herein. Section 9. Insurance 9.1 Tukwila shall require its Contractor to: 9.1.1. Maintain Commercial General Liability (CGL) insurance in force at all times during the performance of work under this Agreement. 9.1.2. Include both the City of Tukwila and the City of Seattle as additional insured for primary and noncontributory limits of liability for the full valid and collectible limits of liability maintained by the Contractor, whether such limits are primary, excess, contingent, or otherwise; as respects CGL insurance, such additional insured status shall be provided under the ISO CG 20 26 07 04 endorsement or equivalent (e.g. a combination of forms CG 20 10 07 04 and CG 20 37 07 04) or substitute endorsements or policy language providing at least as broad coverage; that shall provide coverage for the date of occurrence rather than the date of claim. 9.1.3. Furnish certification of insurance evidencing compliance with the provisions of this Section to City Light via email at riskmanagement @seattle.gov or fax to (206) 470- 1279. Section 10. Third Party Beneficiary and Warranties Tukwila shall include City Light as an intended third -party beneficiary in Tukwila's contract(s) with its Contractor(s) and subcontractors with respect to the Work, and will accordingly include City Light in the indemnification provisions contained in Tukwila's contract(s). Tukwila and City Light do not intend that this paragraph be interpreted to create any obligation, liability, or benefit to any party, other than Tukwila and City Light for purposes of design and construction of the Civil Infrastructure as defined in this Agreement. Section 11. Ownership of Facilities City of Tukwila - 42nd Ave S Phase III Undergrounding Agreement Page 16 of 17 FINAL 53